Serve as primary outside counsel to one of the largest solar developers in the Southeast, having worked on numerous aspects of the development and financing of more than 130 MW in solar projects spanning Tennessee, Mississippi, Georgia, and Colorado. We advise on site control, project finance, and regulatory and tax incentives.
Provide licensing advice to solar installers in all 50 states.
Represented a developer in connection with payment in lieu of tax incentives and real estate transactions related to the development of two 20 MW solar farms in McNairy County, Tennessee, representing more than $60 million in capital investment.
Represented solar developers on economic development/incentives work and real estate purchase, finance, and contracts compliance in seven Mississippi locations. These include Okolona, Lowndes, Houston, New Albany, Hattiesburg, and Monroe, as well as an additional county to be selected in northeastern Mississippi.
Represent one of the country’s largest solar development companies on negotiations and discussions with state and local governing authorities regarding tax and real estate issues, as well as economic development incentives. This includes:
Preparation of a ruling-letter request to the Mississippi Department of Revenue about the client’s status in Mississippi as a manufacturer qualifying for certain sales, use, property, and income tax incentives, and negotiations for a fee in lieu of taxes agreement
Obtaining commitments from landowners for options to sell
Assisted in securing tax incentives for solar projects in Alabama, Mississippi, and Tennessee, and advised on sales, use, and property tax issues for solar projects in Alabama, Tennessee, Georgia, and Virginia.
Draft EPC contracts and conforming subcontracts for the solar industry and routinely provide advice regarding contract administration and subcontractor claims.
Advise a developer regarding subcontracts, material, and equipment supply agreements; master supply agreements; and purchase orders, and draft various contract forms to coordinate with an existing EPC agreement.
Represent a solar plant developer in contract formation, contract administration, subcontract closeout, and contract documentation on greenfield solar farms in California, Nevada, Texas, Arizona, and Ontario.
Work for a national/multinational developer, including reviewing all vendor consulting services agreements and non-disclosure agreements as well as drafting, reviewing, and negotiating O&M agreements.
Regularly provide in-house risk management seminars for a national/multinational developer.
Represented the affiliate of a national developer in all aspects of the National Environmental Policy Act (NEPA) Environmental Assessment (EA), for the execution of a 20-year PPA with the Tennessee Valley Authority (TVA), regarding the electricity generated by a proposed 80 MW solar photovoltaic (PV) facility in Lauderdale County, Alabama. The EA included an analysis of effects to farmland, groundwater, streams, wetlands, vegetation, and wildlife, including species covered by the Endangered Species Act, archaeological or architectural/historic resources, air quality, transportation, greenhouse gas (GHG) emissions, noise, and visual impacts.
Represented one of the largest solar owner/operator and EPC firms in the southeast on real estate and tax incentive matters related to the development of a 20 MW solar project in Georgia, and negotiated the sale of the same project to a major investor-owned utility.
Negotiated and drafted Tennessee’s first-ever payment in lieu of tax transactions for solar projects.
Assisted a solar developer in obtaining facilities certificates from the Mississippi Public Service Commission for the construction of multiple solar projects.
Development and Dispute Resolution
Represented a major Internet company in connection with PPAs for multiple data center sites in Tennessee and Alabama, including issues related to renewable energy procurement.
Representing one of the largest residential solar companies in the United States before the Tennessee Regulatory Authority in challenging the Appalachian Power Company’s proposed imposition of a significant demand charge and reduction in the value of its net-metering program.
Advised a developer on a $1.5 billion solar thermal project and assisted with claims regarding alleged delays and impacts, the contractor’s requested change orders, contract management, and closeout.
Represented an EPC contractor against $5 million in extra work and delay claims asserted by a defaulted subcontractor, arising out of a 60 MW project in California.
Litigated a delay claim for an EPC contractor against the owner/developer of a solar farm in Ontario and obtained a favorable result in a three-week arbitration in Toronto.
Represented a developer on a nuisance/trespass claim arising out of pesticide dispersal over ongoing solar farm construction in California.
Represented a developer in a payment dispute with an electrical subcontractor on two 7 MW solar farms in North Carolina.
Defended a solar contractor against $25 million in claims by an electrical subcontractor for delay, acceleration, and labor inefficiency in Clark County, Nevada, arising out of a 250 MW power plant in Nevada. We are also advising on the subcontractor’s claims for fraud and cardinal change.
Represented an EPC contractor asserting a $15 million claim for acceleration and inefficiency against an owner, due to project changes dictated by the permitting authority, including changes caused by the authority’s unexpected decision to characterize the project site as a flood zone. The claim arises out of a project that includes three separate solar facilities, generating up to 175 MW of solar power in Nevada.
Represented an EPC contractor in project closeout disputes for an international 52.5 MW solar project in Jordan, including force majeure claims for sandstorms and other extreme weather events, extra work claims, and claims arising out of the operations and maintenance agreement between the EPC contractor and the owner.
Represented the seller of solar modules and racking equipment against a claim by the owner for liquidated damages, due to alleged performance shortfalls and delays, arising out of a 20 MW solar PV project in California.
Currently represent a national solar developer in a breach of warranty case involving defective inverters sold by a supplier.
Played a lead role in convincing a complex market of insurers to fully fund a multimillion-dollar settlement for a solar project in Jacksonville, Florida.
Provided coverage advice to a global solar-solution provider facing an owner’s unusual demand relating to builder’s risk coverage for a project in California.